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EU: Spring 2010

Spring 2010 archive

Class Policies

Materials Part 1: Introduction

Jurisdiction Outline

Materials Part 2: The Effect of EU Law

Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, OJ No. L 303/16 (Dec. 2, 2000).

Materials Packet 3: Age Discrimination.

The Employment Equality (Age) Regulations 2006.

Paper Assignment

Antoine Vauchez, “Integration Through Law”: Contribution to a Socio-History of EU Political Commonsense, EUI, Robert Schuman Centre for Advanced Studies, Working Paper No. 2008/10 (Vauchez 1)

Antoine Vauchez, Embedded Law – Political Sociology of the European Community of Law: Elements of a Renewed Research Agenda, EUI, Robert Schuman Centre for Advanced Studies, Working Paper No. 2007/23 (Vauchez 2)

Olympique Lyonnais SASP v Olivier Bernard & Newcastle United FC, Case C-325/08, March 16, 2010

EU Commission, White Paper on Sport, COM(2007) 391 (Jul. 11, 2007)

Materials Part 4: Free Movement of Goods

Materials Part 5: Challenges to EU Acts

For the first class:
Please begin by reviewing the European Commission’s web pages on “Europe and You in 2009” (subtitled “a snapshot of EU achievements”). These pages are one component of the EU’s public relations efforts, primarily directed at EU citizens (although the EU also engages in public relations management in the US, for example advertising on NPR and supporting educational programs in the US, including the UM/FIU EU Center). The EU has a channel on youtube.

The EU’s website has links to a huge amount of information on the EU, from press releases to official documents and including some useful background information.

As you read the Europe and You material, notice that the EU is involved in policy-making in a wide range of areas. You will note that the web pages link to a number of different types of material: for example, there’s a link to a regulation on mobile phones (this is the equivalent of a statute), and to a Communication from the Commission on the financial crisis (this is a policy document which does not have any binding effect). I’d like you to take a quick look at these two documents please, but you don’t need to click through all the links.

This is a public relations exercise (note the pretty pictures), but some of the linked content is very complex (e.g. the two documents mentioned above). The pages invite readers to vote on which of the identified achievements was most important. What do you think? If you were an EU citizen are these the sorts of things you would expect the EU to be doing? What do you think is missing?

Update Jan. 11, 2009: As of yesterday there’s a new eutube video on this topic:

For class on Friday January 15.

Before we begin to look at some of the details of the EU’s institutional structure and law, it’s useful to begin to get a broader picture of the EU. So, we are beginning by looking at how the EU institutions describe what they are doing, and how they are trying to build connections with and support from EU citizens. Now please look at this eutube video, which outlines some of the important developments over the EU’s first 50 years (there will be an outline of some of this history in the materials packet for next week). Whereas the EU and you material we are looking at first focuses on the relationship between the EU and its citizens, this video focuses to a large extent on relations between the EU and the rest of the world:

Please also read the following two documents:

1. EU Commission Working Document, Consultation on the Future “EE 2020” Strategy, COM (2009)647 (Nov. 24, 2009)

2. EU Commission, Directorate-General for Agriculture and Rural Development, Why Do We Need a Common Agricultural Policy?, Discussion Paper (Dec. 2009) (there is some basic information about the Common Agricultural Policy here)

Both of these documents are produced by the Commission which in many ways functions as the executive branch of the EU. The first document is a consultation document which invites feedback from other EU institutions and from “stakeholders” whereas the second is described as a discussion paper. Both documents deal with problems facing the EU and with how to develop policies to address those problems.

What problems do the documents identify? To what extent do you think the problems are worse or better because the EU combines a number of different Member States? What do the documents tell us about the advantages or difficulties associated with combining many different Member States to develop policy? Do you get a sense from these documents of the role of law in the achievement of policy in the EU?

The Commission’s web pages state that :

The Common Agricultural Policy, or CAP, is the European Union policy of which the overall objectives are to ensure a fair standard of living for farmers and to provide a stable and safe food supply at affordable prices for consumers.
It has evolved a lot since it began in 1962. Today, its priorities are to:
* ensure food quality and safety
* protect the environment and animal welfare
* make European Union farmers competitive globally without distorting world trade
* preserve rural communities and boost their dynamism and sustainability.
The reforms of the CAP conducted over the last years reflect a clear political choice:
Continue support for EU agriculture in a manner that meets citizens’, taxpayers’ and consumer needs and expectations and that does not distort world trade.

This is how the US Department of Agriculture describes its position (in its Performance and Accountability Report for 2008:

The Department of Agriculture (USDA) is a diverse and complex organization with programs that touch the lives of all Americans every day. More than 100,000 employees deliver more than $96.5 billion in public services through USDA’s more than 300 programs worldwide, leveraging an extensive network of Federal, State, and local cooperators.
Founded by President Abraham Lincoln in 1862, when more than half of the Nation’s population lived and worked on farms, USDA’s role has evolved with the economy. Today, USDA improves the Nation’s economy and quality of life by:
– Enhancing economic opportunities for U.S. farmers and ranchers;
– Ensuring a safe, affordable, nutritious, and accessible food supply;
– Caring for public lands and helping people care for private lands;
– Supporting the sound, sustainable development of rural communities;
– Expanding global markets for agricultural and forest products and services; and
– Working to reduce hunger and improve America’s health through good nutrition.
Addressing these timeless concerns in the modern era presents its share of challenges. America’s food and fiber producers operate in a global, technologically advanced, rapidly diversifying, and highly competitive business environment driven by sophisticated consumers.
This report provides information on USDA’s core performance measures as described in its Strategic Plan for FY 2005-2010. They are:
– To enhance international competitiveness of American agriculture;
– To enhance the competitiveness and sustainability of rural and farm economies;
– To support increased economic opportunities and improved quality of life in rural
– To enhance protection and safety of the Nation’s agriculture and food supply;
– To improve the Nation’s nutrition and health; and
– To protect and enhance the Nation’s natural resource base and environment.

In a recent paper on food policy the UK Government stated:

This is a UK Government strategy. Many aspects of food policy are devolved. There are separate food policy arrangements in Scotland, Wales and Northern Ireland and we can learn from each other. We are working with the Devolved Administrations to ensure that as the UK, we share a common understanding of the future of food policy and can collaborate whenever it makes sense to do so.
As members of the European Union, the UK food sector benefits from being part of the single market. It also means much of our food policy is influenced by EU legislation. And as the biggest trading block in the world, the EU is a powerful figure on the international stage.
EU engagement will therefore continue to be a priority, particularly in emphasising the importance of integrated food policy that meets the needs of Europe’s citizens, and enables a competitive and sustainable food system that supports global food security.
Beyond Europe we will continue to ensure that food security, including the food security of developing countries is given the highest international attention.

This illustrates that there are a number of different levels at which food policy must be developed.


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